1.1 These Terms shall apply to the sale or supply of all services by us to you. You accept that the Terms will govern all relations between us to the exclusion of any other terms and conditions including any contained in any of your documents which might purport to provide that your terms shall prevail.

1.2 No variation or alteration to these Terms shall be valid unless expressly agreed and confirmed in writing by a board Director of topjobs PLC and our specialist sites

2.1 Quotations are (unless otherwise stated) exclusive of VAT and all other taxes and duties. Any variation to prices quoted as a result of government taxes and levies will be for the Buyers account. Errors and omissions are excepted.

2.2 The Sales Order is an offer subject to these Terms which becomes binding between us when you return a signed, completed Sales Order to us. You must confirm your first order in writing in this way. You may, however, also request additional services or a renewal of a Fixed Term Contract by email.

2.3 In the event that for whatever reason you alter or amend the Sales Order prior to returning it to us or in the event that the information you provide under Clause 5.1 is inconsistent with the terms of the Sales Order then we may either accept the Sales Order as amended and invoice the appropriate lesser or greater price (as the case may be) or refuse to accept the amended Sales Order.

3.1 To enable us to produce the Client Microsite for your approval, we will require certain information from you, such as copy, artwork, photographs and other such materials. You agree to provide all necessary information if required.

3.2 If you require any changes to the Client Microsite (excluding Job Slot content) once it is live, please let us know. Once you have provided us with any information we may require, we will update the Client Microsite as soon as we can. Any Client Microsite changes may be subject to additional fee.

4.1 All Job Slots in the Corporate Recruiter and Corporate Outsource products are supplied on a rolling contract basis. Each Job Slot carries one job description which can be amended or replaced by you as often as required. We have set up our system so that you have direct access to your Job Slot content. Each Job Slot carries one job description which can be amended or replaced by you as often as required. Please contact us if you would like to change the number of Job Slots or amount of advertising space you have.

5.1 We will use reasonable skill and care in providing the Services to you.

5.2 We are proud of our Site, its resilience and reliability, but cannot give any warranty as to its performance or operation, or the accuracy of any data held on it.

5.3 We will use all reasonable endeavours to ensure that the Site is in working order during the term of this Agreement. However we cannot warrant that the use of the Site will be uninterrupted or error-free.

5.4 Our total liability to you in contract, tort (including negligence or breach of statutory duty) or otherwise arising by reason of or in connection with this Agreement shall be limited to the total sum payable by you as set out in the Sales Order.

5.5 We shall have no liability to you for:

(a) any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings, or

(b) for damages to your reputation or goodwill; or

(c) for any loss resulting from any claim made by any third party; or

(d) for any special, indirect or consequential loss or damage of any nature whatsoever.

5.6 We shall not be deemed to be in breach of this Agreement or otherwise liable to you for any delay in performance or the non-performance of any of its obligations in this Agreement to the extent that it is due to circumstances beyond our control (including without limitation as a result of server crashes, deletions, corruption, loss or removal of data).

6.1 You warrant and represent to us that

(a) you contract with us as principal notwithstanding that you may be acting as an agent or media buyer or in some other representative capacity, are authorised to commission the Services with us and you shall indemnify us against any claim made against us by your principal arising from publication of the Client Microsite;

(b) all information provided by you for the Client Microsite:

(i) is complete, accurate and true;
(ii) complies with the requirements of all relevant legislation and statutorily recognised regulatory authorities (including the Advertising Standards Authority) for the time being in force such territories as the Client Microsite shall be made available; and
(iii) is not defamatory, threatening, abusive or obscene, does not infringe any third party intellectual property rights and does not contain any other unlawful content.;

6.2 You acknowledge that you are responsible for compliance with the obligations set out in clause 8.1 above and that we have no obligation to edit or review the Client Microsite for accuracy and appropriateness. However, as the Client Microsite will appear on the Site we must reserve the right to alter the Client Microsite to comply with any obligation placed upon us or to ensure compliance with the requirements set out in clause 8.1.

6.3 You shall indemnify and keep us indemnified against all claims, costs, expenses or liability whatsoever arising as a result of your breach or non-performance of any of the provisions of these Terms.

6.4 It shall be your responsibility to remove any Job Slots or services, you acknowledge that we reserve the right to invoice you a in respect of any Job Slots or any other services supplied which are displayed for any amount of time as if a new Job Slot for the same period as the contractual period had been displayed by you in accordance with these Terms and Conditions.

7.1 Any rights (including without limitation, revenue rights and intellectual property rights of any nature (such as, confidential information, copyright, database rights, know-how, trade marks and trade names)) created or generated as a result of the operation of the Site during the course of this Agreement shall belong to us.

7.2 You hereby grant a world-wide, perpetual, non-exclusive right and licence to us to use the Client Microsite for inclusion in the Site and in any other manner together with the right to grant sub-licences to any third party on such terms as we may determine.

7.3 Nothing in this Agreement shall be deemed to be the sale or licence of any rights by us to you including without limit any intellectual property rights of any nature.

8.1 We have no liability to you for any loss or damage arising out of circumstances outside our reasonable control including as examples only strikes, labour disputes, fires, floods, accidents or breakdowns of machinery or equipment, or breach of contract by our own or suppliers. In any such circumstances we shall be entitled at any time without prejudice to our other rights to cancel the contract or at our option to effect partial performance.

9.1 We may assign or transfer to any other person any of our rights, or to sub-contract all or any part of our obligations under any Sales Order.

9.2 You shall not assign or transfer to any other person any of your rights under any Sales Order.

10.1 We offer Standard rolling contracts. this Agreement will remain in force indefinitely but may be terminated by either of us upon 90 days notice which may be given at any point after the expiry of the Initial Period. Notice given by You as defined under this clause must be in writing to our UK Finance Manager.

11.1 Without prejudice to any other claims or rights we may have, we may immediately terminate this Agreement by notice if you:

(a) fail to pay any amount due on the due date; or
(b) misuse the Site or bring it into disrepute; or
(c) enter into any form of insolvency including without limit liquidation, bankruptcy, receivership, administration or are unable to pay your debts as they fall due.

12.1 This Agreement is governed by the Laws of England and you submit to the exclusive jurisdiction of the English Courts.

13.1 Any notices to be served hereunder shall be sent by first class post, fax or email. Notice shall be deemed served on the second working day after posting.

14.1 Headings in these Terms have been inserted for convenience only and shall not affect interpretation or construction.

14.2 Any temporary waiver or indulgence by us in exercise of our rights will not restrict us exercising any of our rights at a subsequent date.

14.3 This Agreement contains the whole agreement between us with respect to the subject matter hereof and all other understandings, agreements, warranties, conditions or representations, whether express or implied, statutory or otherwise, are excluded to the fullest extent permitted by law.

Whilst we try to ensure that the standard of this website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on this website. We may vary the specification of this site from time to time without notice.

On this site you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.

Whilst we make every effort to ensure that the information on this site is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on this site or any liability in respect of information on this site supplied by you, any other site user or any other person.

You may only use this Site for lawful purposes when seeking employment or help with your career or when recruiting staff. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.

You are solely responsible for any information submitted by you to this site. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this site. We reserve the right to remove any information supplied by you from the website at our sole discretion, at any time and for any reason without being required to give any explanation.

We will use information supplied by you (including, without limitation, sensitive personal data) to aid the recruitment process and associated administrative functions. This involves us, amongst other things, processing and storing information (including, without limitation, sensitive personal data) and passing or making available online such information to prospective employers and clients; information about vacancies and placements will be passed to candidates and may be posted directly onto the website. We use third parties to help us process your information as part of the recruitment process. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to us using information provided by you (including, without limitation, sensitive personal data) in each of these ways.

You are able to select via the topjobs registration form whether your CV is available to topjobs and our specialist sites, consultants and/or third party recruitment agencies.

Please note that all Third Party recruitment agencies have agreed to our Terms and Conditions and should they be found to be in breach of the Terms and Conditions, they will be prevented from using our services. Further details of our client terms and conditions.

We will process any data which you provide in completing the online registration or application forms and any further forms, assessments or personal details which you complete or provide to us when using this site in accordance with UK data protection legislation. We explain more about your personal data in our Privacy Policy.

Transfer outside the EEA: Personal information comprising your CV may be accessed through the topjobs.co.uk database by third parties outside the Economic European Area ("EEA"). This could happen for instance if you apply for a vacancy where the employer is based outside the EEA. By registering and using the topjobs.co.uk website, you consent to this transfer.

Each employment assignment or placement arising as a result of an introduction made by topjobs and our specialist sites will be subject to our standard Terms of Business as they are applicable in the circumstances. All prospective employers and clients for whom we arrange assignments or placements will be provided with a copy of the Terms of Business applicable to them at or following registration. Separate terms and conditions also apply to the use of our RecruitDirect site.

The rights in material on this site are protected by international copyright, software and trademark laws and you agree to use this site in a way which does not infringe these rights. You may copy material on this site for your own private or domestic purposes, but no copying for any commercial or business use is permitted.

In order to register with this site and to sign in when you visit the site, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.

We may terminate your registration and/or deny you access to the site or any part of it (including any services, goods or information available on or through the site) at any time in our absolute discretion and without any explanation or notification.

We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the site and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this website and your use of it to the maximum extent permitted by law.

You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this site.

You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this site.

The use of this website and any agreements entered into through this website are to be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of this website or any agreement made through this website.

Some of the goods or services offered through this website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using this website which you would not have suffered had you been accessing this website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).

These website terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment.

If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.